Legal Question in Criminal Law in New York
Un-posted Speed Limit
Can I be charged with exceeding the speed limit on a road with no posted speed limit?
2 Answers from Attorneys
No Posted Speed Limit
There is ALWAYS a speed limit. You need to refer to your drives handbook avaiable at the DMV for yourstate. For example you can never drive faster than 55 mph (or 65 mph)depending on your state's limit.
Also the is always the "basic speed law" That is "uyou shouldnever drive faster than prudent for the specificroad conditions, time of day and type of street."
It is very difficult to fight this type of ticket, sinceit is in the eyes of the officer.
GOOD LUCK!!============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================
No posted speed limit
Although I am not licensed to practice in NYor NJ and do not practice there, I do a lotof traffic defense work and it has been myexperience that most states have laws whichlimit speeds on certain roads under certainconditions, e.g., school zones. Even Montana,which has no posted speed limits on highwaysoutside municipalities, prohibits travelingat a speed unreasonable for conditions.
You need to check the traffic codes for NY andNJ (which you can do at the Lawguru website)to see what limits are imposed for what roadsand if there is an upper limit on certainroads.
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If applicable to this message: "This transmis-
sion does not create an attorney-client rela-
tionship. I will not be representing anyone
without a written agreement signed by all par-
ties and then, only in Ohio. Answers to ques-
tions are for general information only and
are not to be construed as legal advice in any
particular jurisdiction. If you need legal advice
for a specific legal problem, seek the services
of a knowledgable attorney in your area or locale."
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you have tyranny.
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